The Telecommunications Bill 2023
Source: PRS
GS II: Governance
Overview
- News in Brief
- Features
Why in the News?
The Telecommunications Bill 2023 recently introduced in Loksabha.
News in Brief
- The Bill seeks to replace the Indian Telegraph Act, 1885 and the Indian Wireless Telegraphy Act, 1933.
- Authorisation will be required from the central government to: (i) establish and operate telecommunications networks, (ii) provide telecommunications services, or (iii) possess radio equipment.
- Spectrum will be allocated through auction, except for specified entities and purposes for which it will be assigned administratively.
- Telecommunication may be intercepted on specified grounds including state security, public order, or prevention of offences. Telecom services may be suspended on similar grounds.
Features of The Telecommunications Bill 2023
Authorisation for telecom-related activities
Prior authorisation from the central government will be required to
- Provide telecommunication services
- Establish, operate, maintain, or expand telecommunications networks
- Possess radio equipment
Assignment of spectrum
- Spectrum will be assigned by auction, except for specified uses, where it will be allocated on an administrative basis.
- Specified purposes include
- National security and defence
- Disaster management
- Weather forecasting
- Transport
- Satellite services such as DTH and satellite telephony
- BSNL, MTNL, and public broadcasting services
Protection of users
The central government may provide for measures to protect users which include
- Prior consent to receive specified messages such as advertising messages
- Creation of Do Not Disturb registers
- A mechanism to allow users to report malware or specified messages
Appointments to TRAI
The Bill amends the TRAI Act to also allow individuals with:
- At least 30 years of professional experience to serve as the Chairperson
- At least 25 years of professional experience to serve as members
Bill retains the Universal Service Obligation Fund provision, renames the fund as Digital Bharat Nidhi, and allows its use for research and development in telecom.
Offences and penalties
- Providing telecom services without authorisation, or gaining unauthorised access to a telecom network or data, are punishable with imprisonment of up to three years, a fine of up to two crore rupees, or both.
- Breaching terms and conditions of authorisation is punishable with a civil penalty of up to five crore rupees.
- Possessing unauthorised equipment, or using an unauthorised network or service, is punishable with a penalty of up to ten lakh rupees.
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